Schedule of Fines for Violations of Hawaii Revised Statutes, Chapter 11, Part XIII

Approved June 23, 2021

SCHEDULE OF FINES1

HAWAII REVISED STATUTES (HRS) – Escheat to Hawaii Election Campaign Fund HRS – Fine to General Fund HRS –  Administrative Catch-All Fine to General Fund §11-410
REGISTRATION      
A. Electronic Filing Form (HRS §11-321)

1 – Not File
2 – Late File or Not Amend/Correct

N/A N/A 1 – $50
2 – $25
B. Organizational Report (HRS §§11-321, 322, 323)

1 – Not File
2 – Late File or Not Amend/Correct (within 10 days)

N/A N/A 1 – $100
2 – $50
       
REPORTING      
A. Disclosure Reports (HRS §11-340)

1 – Not File
2 – Late File

N/A 1 – N/A

2 – $50/day (first 7 days); $200/day thereafter provided that in aggregate, the fine shall not exceed 25% of total amount of contributions/expenditures (whichever is greater) for the period covered by the report

– Minimum fine is $200 if more than 4 days late

*Publish on Commission’s website names of candidate committees and noncandidate committees that fail to file (HRS §11-340(f))

1 – 1st time → $500
2nd time → $750
3rd time → $1,000
2 – Fine N/A if paid fine (HRS §11-410(h)) & no criminal referral (HRS §11-412(g))
(Candidate & Noncandidate Committees) Reports Due 10 Days Before an Election (HRS §11-340(c))

1 – Not File
2 – Late File

 

N/A 1 – N/A

2 – Not to exceed $300/day provided that in aggregate, the fine shall not exceed 25% of total amount of contributions/expenditures (whichever is greater) for the period covered by the report

– Minimum fine is $300

*Publish on Commission’s website (HRS §11-340(f))

1 – 1st time → $500
2nd time → $750
3rd time → $1,0002 – Fine N/A if paid fine (HRS §11-410(h)) & no criminal referral (HRS §11-412(g))
(Candidate & Noncandidate Committees) Late Contributions Report (HRS §§11-333(c), 335(d), 338)

1 – Not File
2 – Late File

N/A N/A 1 – $750
2 – $500
(Noncandidate Committees – Only Super PACs) Late Expenditure Report (HRS §§11-337(b), 338(c))

1 – Not File
2 – Late File

N/A N/A 1 – $750
2 – $500
(Public Funding)

Public Financing – Post-Election Reports (HRS §11-433)

1 – Not File (20 days after primary + 30 days after general)
2 – Late File

If Commission determines any portion of public funds used for noncampaign or improper expense, order return of all or part of the public funds → deposit into Hawaii Election Campaign Fund

– Also, notify Attorney General’s Office

N/A 1 – $500
2 – $100
B. Filing Substantially Defective or Deficient Reports (HRS §11-340(a), (d), & (e))

1 – If Corrected
2 – If Not Corrected

N/A *Requires notification to Candidate Committee by first class mail

1 – $50/day (first 7 days beginning after 15th day after notice); Not to exceed $200/day thereafter

– Minimum fine is $200 for report not corrected after 18th day

– Fine not to exceed 25% of total amount of contributions/expenditures (whichever is greater) for the period covered by the report

2 – N/A

*Publish on Commission’s website names of candidate committees and noncandidate committees that fail to correct a report within 2 weeks from the notice to correct (HRS §11-340(f))

1 – Fine N/A if paid fine (HRS §11-410(h)) & no criminal referral (HRS §11-412(g))
2 – $500
C.  False Reports N/A N/A 1st time → $500
2nd time → $750
3rd time → $1,000
 
CONTRIBUTIONS
A. Failure to Timely Deposit Contributions (Hawaii Administrative Rules (HAR) §3-160-30)

*7 days to deposit upon receipt

N/A N/A 1st time → $25
2nd time → $35
3rd time → $50
B. Fundraiser (HRS §11-342) N/A N/A 1st time → $25
2nd time → $75
3rd time & thereafter → $150
C. False Name Contribution (HRS §11-352) All false name contributions escheat N/A $1,000 (against contributor only where no involvement by candidate) or 3x amount of anonymous contribution
D. Anonymous Contribution (HRS §11-353) All anonymous contributions escheat.

(unless committee is able to identify the contributor, then return to the contributor)

*N/A to calabash bowls (less than $100 from 10 or more persons at same political function)

N/A
E. State/County Contractors’ Ban on Contributions (HRS §11-355) N/A N/A $1,000 (against contributor only where no involvement by candidate)
F. Foreign Contributions (HRS §11-356) N/A N/A $1,000 per contribution
G. Excess Contributions (HRS §§11-357 & 364) Excess contributions not returned within 30 days of receipt will escheat N/A *If Commission discovers the excess, contributor will be fined → see Excess Contribution Schedule (last revised 6/14/17)
H.  Nonresident Contributions (HRS §11-362) Return excess nonresident contributions within 30 days after the general election, then escheat if not returned N/A See Excess Contribution Schedule (fine against candidate committees)
I.  Fail to Report Contribution N/A N/A $250 per schedule contribution(s) not reported in
   
LOANS
A. Loan Documentation (HRS §§11-333(b)(5), 371, & 372) N/A N/A $100 (also if fail to timely provide)
B.  Excess Loans N/A N/A *$100 per violation/occurrence
 
EXPENDITURES
A. Donation of Campaign Funds in Excess of Permitted Amount or Donation to a Prohibited Charitable Organization or Donation Made During a Prohibited Period (HRS §11-381) N/A N/A See Excess Contribution Schedule (last revised 6/14/17) + personal reimbursement (HRS §11-409)
B. Prohibited Use of Campaign Funds (HRS §11-382) N/A N/A 50% of prohibited amount up to $1,000 + personal reimbursement (HRS §11-409)
C. (Public Funding) Public Financing – Improper Expenditures (HRS §11-434(d)) 300% of amount to Hawaii Election Campaign Fund Refer to HRS §11-410 (administrative fine/catch-all) & HRS §11-412 (criminal prosecution) N/A
D. Advertisements (HRS §11-391) N/A $25/advertisement that lacks required disclosures

– Not to exceed aggregate amount of $5,000

1st time → $25
2nd time → $100
3rd time → $500
4th time → to be determined by the Commission

Fine N/A if paid fine (HRS §11-410(h))
E.  Fail to Report Expenditure N/A N/A $250 per schedule expenditure(s) not reported in
F.  Exceed Expenditure Limit (HRS §11-426) N/A N/A 1st time → $500
2nd time → $750
3rd time → $1,000
G.  (Noncandidate Committees – only Super PACs) Fail to Identify Top Contributors on Advertising (HRS §11-393) N/A Refer to HRS §11-410 (administrative fine/catch-all) 1st time → $500
2nd time → $750
3rd time & thereafter → $1,000
 
TERMINATION
A. Termination (HRS §11-326) N/A N/A $50
B. Ballot Issue Committees (HRS §11-327) All surplus funds not returned to contributors or donated within 90 days escheat N/A $50 (fail to terminate)
C. Disposition of Campaign Funds (HRS §11-384) All funds not returned to contributors for Candidate Committees who (1) fail to file nomination papers no later than 90 days after date on which nominations for that election shall be filed; (2) withdraw or cease to be a candidate (death or disqualification) no later than 90 days after date cease to be a candidate; (3) is subject to term limits or resigns before end of term (funds may be returned up to 4 years from date of election for which the campaign funds were received); (4) loses an election (funds may be returned up to 1 year from date of election for which the campaign funds were received) → escheat N/A $50 (fail to terminate)
 
OTHER
A. Electioneering Communications (HRS §11-341) N/A N/A $500 (if not file)

$250 (if not amend or deficient or file late)

B. Failure to Name Candidate Supported or Opposed (HRS §11-335(b)(3); HRS §11- 338(b)(6) & (c)(3); HRS §11-341(b)(5)) N/A N/A 1st time → $25 per candidate
2nd time → $35 per candidate
3rd time → $50 per candidate
C. Recordkeeping (HRS §11-324(g) & HAR §3-160-23) N/A N/A $1,000 (if not have records, receipts, bills, invoices, etc., for 5 year period)
D. (Catch-All) Hawaii Revised Statutes Chapter 11 Non-Compliance (HRS §11-410) N/A *Requires written notice & opportunity to be heard at a HRS chapter 91 hearing which person may waive

(Individual) Not to exceed $1,000 per occurrence or an amount equivalent to 3x the amount of unlawful contribution or expenditure

(Corporation, organization, association, labor union) Not to exceed $1,000 per occurrence (may hold individual directors, officers, agents of entity liable)

-May order fines (or any portion) be paid with candidate’s personal funds

-May seek contempt of court with first circuit court for failure to comply

-May refer complaint to Attorney General’s Office or Prosecutor’s Office if believe respondent may have recklessly, knowingly, or intentionally committed violation

See above for proposed administrative fines

II.  CONCILIATION AGREEMENTS (for fines only – N/A to escheats) – Requires Commissioner Approval

1st time Respondents → reduce fine by 2/3
2nd time Respondents → reduce fine by 1/2
3rd time Respondents → enforce fine

*Remains w/in one category of violation (ex:  late reports; excess contributors; advertisement disclaimers; electioneering communications)

*N/A if fine is $25 or less (and not count towards the two violations permitted by the committee to be eligible for a conciliation agreement)

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1 Hawaii Administrative Rules (“HAR”) §3-160-73